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ISDS

Background

NTF leads the evolution of Investor-State Dispute Settlement (ISDS) mediation, blending negotiation and guided diplomacy to resolve disputes and shape best practices in global investment.

Building upon our success in hosting the first Investor-State Dispute Settlement (ISDS) Mediation Colloquium on the Harvard University campus in 2019, our current services actively drive the evolution of Investor-State  Dispute resolution strategies.


We specialize in leveraging negotiation, mediation, and "guided diplomacy" methodologies to proactively address challenges in resolving Investor-State Disputes, with a particular focus on Eurasia. Our ongoing commitment involves shaping industry guidelines and implementing best practices, bringing together a network of mediation experts, corporate counsels, regional officials, and NGO representatives to foster collaborative solutions for effective ISDS resolution in the ever-evolving landscape of global business and  sustainable investment.

Case Study

The Problem

  • Existing Investor-State Dispute Settlement (ISDS) mechanisms often escalate into lengthy, adversarial processes, straining relationships between investors and governments.

  • Governments face reputational damage and financial burdens when ISDS disputes undermine confidence in their regulatory environments.

  • Investors risk losing capital and opportunities due to stalled projects and contentious legal battles, particularly in high-stakes regions like Central Asia.

Our Solution

NTF convened the first-ever Investor-State Dispute Settlement (ISDS) Mediation Colloquium at Harvard, uniting state officials from Kazakhstan, Singapore, and Hong Kong with NGO leaders and corporate counsels. This groundbreaking event facilitated dialogue on resolving $1B+ investment disputes and resulted in consensus on 10 principles for effective mediation. By fostering collaboration among diverse stakeholders, the Colloquium advanced practical solutions to improve ISDS outcomes and strengthen trust between governments and investors.

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